Article 9
SCHEDULE 2N.I.ADVICE AND ASSISTANCE
PART 1N.I.General
1. This Schedule applies to the determination of the remuneration payable to solicitors for providing advice and assistance, including those matters in which the Director has granted an extension under regulation 32 of the General Regulations.N.I.
2. Where the remuneration or fees properly chargeable for the advice and assistance including charges for disbursements exceed any contribution payable by the client to the solicitor under Part 3 of the Financial Regulations together with the value of any charge arising under Article 17(7) of the 2003 Order, the solicitor shall submit a claim to the Department requesting payment of the deficiency.N.I.
3.—(1) The Department shall determine the claim submitted under Article 8 in accordance with the rates or fees set out in Part 2 or 3 of this Schedule, as applicable, and pay the assessed deficiency, if any, to the solicitor.N.I.
(2) In this paragraph “assessed deficiency” means the amount by which the sum allowed to the solicitor by the Department in assessing the claim under sub-paragraph (1) exceeds any contribution payable by the client to the solicitor under Part 3 of the Financial Regulations together with the value of any charge arising under Article 17(7) of the 2003 Order.
[F1(3) In respect of any claims for costs made for work done under Tables 2 and 3 of Part 2 of this Schedule, a solicitor may claim for mileage only at the rate of 35.7p per mile. No claim shall be entertained for travel and waiting time.
(4) Unless otherwise prescribed by this Schedule, travel and waiting time may be claimed at the rate of £24.25 per hour and mileage may be claimed at the rate of 35.7p per mile for matters falling within this Schedule.]
Textual Amendments
F1Sch. 2 Pt. 1 para. 3(3), (4) inserted (1.7.2019) by The Civil Legal Services (Remuneration) (Amendment) Order (Northern Ireland) 2019 (S.R. 2019/119), arts. 1, 6(1)
PART 2N.I.[F2Matters other than those relating to PACE, Schedule 7 to the Terrorism Act 2000 or Schedule 3 to the Counter-Terrorism and Border Security Act 2019]
Textual Amendments
F2Sch. 2 Pt. 2 title substituted (13.8.2020) by Counter-Terrorism and Border Security Act 2019 (c. 3), s. 27(2)(d), Sch. 4 para. 32(1)(a) (with Sch. 4 para. 32(2)); S.I. 2020/792, reg. 2(i)
Table 1:
Solicitor – Hourly Rates
Textual Amendments
F3Words in Sch. 2 substituted (1.7.2019) by The Civil Legal Services (Remuneration) (Amendment) Order (Northern Ireland) 2019 (S.R. 2019/119), arts. 1, 6(2)
F4Words in Sch. 2 Pt. 2 substituted (1.7.2019) by The Civil Legal Services (Remuneration) (Amendment) Order (Northern Ireland) 2019 (S.R. 2019/119), arts. 1, 6(3)(a)
F5Words in Sch. 2 Pt. 2 omitted (1.7.2019) by virtue of The Civil Legal Services (Remuneration) (Amendment) Order (Northern Ireland) 2019 (S.R. 2019/119), arts. 1, 6(3)(b)
F6Words in Sch. 2 Pt. 2 omitted (1.7.2019) by virtue of The Civil Legal Services (Remuneration) (Amendment) Order (Northern Ireland) 2019 (S.R. 2019/119), arts. 1, 6(3)(c)
Guide to Case Management in Public Law Children Order Proceedings (Article 50)
Table 2:
Solicitor – Composite Fees
Work Type | Composite Fee |
---|---|
Advice given to parent in relation to Letter Before Proceedings (LBP) | £144 |
Preparation and Attendance with Parent at Pre-Proceedings Meeting (PPM) | £347 |
All preparation work up to, and including, review of case by a single Parole Commissioner under Criminal Justice (Northern Ireland) Order 2008
M1Table 3:
Solicitor – Standard Fees
Work Type – Stage 1 | Standard Fee |
---|---|
Prisoner serving a Determinate Custodial | |
Sentence (DCS) | £350 |
Prisoner serving an Extended Custodial | |
Sentence (ECS) | £500 |
Prisoner serving an Indeterminate Custodial | |
Sentence (ICS) | £700 |
Marginal Citations
PART 3N.I.Police and Criminal Evidence (PACE) matters[F7, Schedule 7 to the Terrorism Act 2000 matters or Schedule 3 to the Counter-Terrorism and Border Security Act 2019 matters]
Textual Amendments
F7Words in Sch. 2 Pt. 3 title inserted (13.8.2020) by Counter-Terrorism and Border Security Act 2019 (c. 3), s. 27(2)(d), Sch. 4 para. 32(1)(b) (with Sch. 4 para. 32(2)); S.I. 2020/792, reg. 2(i)
Table 1:
Solicitor – Hourly Rates
1 This work relates to interviews conducted under the Police and Criminal Evidence (Northern Ireland) 1989 – S.I. 1989/1341 (N.I. 12) [F8, Schedule 7 to the Terrorism Act 2000 or Schedule 3 to the Counter-Terrorism and Border Security Act 2019] | |
2 Unsocial hours are defined as between 7.00pm and 9.00am on any weekday, or any time on a Saturday, Sunday or Public Holiday | |
Work Type1 | Rate |
---|---|
Normal Hours | |
Advice | £51.90 per hour |
[F3Letters/Emails/Telephone Calls] | £4.02 per item |
Telephone advice | £23.70 per call |
Travel and waiting time | £29.10 per hour |
Mileage rate | 42.8p per mile |
Unsocial Hours2 | |
Advice | £69.20 per hour |
[F3Letters/Emails/Telephone Calls] | £5.36 per item |
Telephone advice | £31.60 per call |
Travel and waiting time | £38.80 per hour |
Mileage rate | 42.8p per mile |
Textual Amendments
F8Words in Sch. 2 Pt. 3 Table 1 Note 1 inserted (13.8.2020) by Counter-Terrorism and Border Security Act 2019 (c. 3), s. 27(2)(d), Sch. 4 para. 32(1)(c) (with Sch. 4 para. 32(2)); S.I. 2020/792, reg. 2(i)